City backs off tobacco law after lawsuit threat

Mayor cites threat by ‘Big Tobacco’
The city of Healdsburg has suspended enforcement of its pioneering tobacco sales law after being threatened with a lawsuit by local tobacco retailers and their lobbying firm, the National Association of Tobacco Outlets (NATO).
“This is a sad day. Big Tobacco and their tons of money and armies of lawyers are picking on little Healdsburg because they see us as a threat,” said Healdsburg Mayor Shaun McCaffery on Tuesday.
The law made Healdsburg the first community in California to ban sales of tobacco to anyone under the age of 21. Opponents of the law said that state law allows sales of tobacco to anyone over 18 and that Healdsburg should not get ahead of evolving state laws.
The local discussion began almost a year ago, when David Anderson, a retired physician, approached the city about following a Massachusetts example and raising the age limit from 18 to 21.
The City Council, after months of study and debate, adopted the ordinance in November of last year and enforcement began on July 1.
Thomas A. Briant, the Executive Director and Legal Counsel for NATO, wrote to the city last month threatening legal action. “In the event that the appropriate California government agencies, in particular the California Attorney General’s Office and the Sonoma County District Attorney’s Office, do not intervene regarding the enforcement of the state law pre-emption of the local minimum legal age ordinances, then NATO will consider advising both NATO member retailers and non-member retailers that operate stores in Healdsburg to commence a lawsuit against the City of Healdsburg to seek a preliminary and permanent injunction against enforcement of the minimum age of 21 requirement,” the letter read.
After consulting with the Healdsburg City Attorney last week, the council made a decision in closed session to suspend enforcement of the law.
“We’re keeping the law on the books,” said McCaffery, explaining that Healdsburg is writing to State Attorney General Kamala Harris to ask for a ruling on whether the local law can override state law.
“This is something we need to do as a society,” said McCaffery. “I’m proud to be part of a community that fired the first shot over the bow of the tobacco industry.”